(1) The Director of the Department of Consumer and Business Services may hold a hearing on a filing made pursuant to ORS § 737.207 if the director determines that such a hearing would aid the director in determining whether to approve or disapprove the filing. A hearing under this section may be held at a place designated by the director and upon not less than 10 days’ written notice to the insurer or rating organization that made the filing and to any other person the director decides should be notified. A filing that is the subject of a hearing under this section becomes effective, if approved, as provided in subsection (4) of this section.

Ask an insurance law question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

(2) A hearing held pursuant to subsection (1) of this section must be conducted by an administrative law judge assigned from the Office of Administrative Hearings established under ORS § 183.605. The administrative law judge shall report findings, conclusions and recommendations to the director within 30 days of the close of the hearing. The insurer or rating organization proposing the rate filing shall have the burden of proving that the rate proposal is justified and shall pay to the director the fair and reasonable costs of the hearing, including actual necessary expenses.

(3) Within 10 days of receiving a report from the administrative law judge, the director shall issue an order approving or disapproving the filing.

(4) An order issued under subsection (3) of this section may be reviewed as provided in ORS § 183.480 to 183.540 for review of contested cases. A filing approved by the director under this section shall be effective 10 days after the order issued under subsection (3) of this section and shall remain effective during any review of the order. [1987 c.774 § 48a; 1999 c.849 175,176; 2003 c.75 § 62]